Bus Atha Cliath/Dublin Bus -v- The Data Protection Commissioner [2012] IEHC 339 (08 August 2012)

Bus Atha Cliath/Dublin Bus -v- The Data Protection Commissioner [2012] IEHC 339 (08 August 2012)

The existence of legal proceedings between a data requester and a data controller does not preclude the data requester from making an access request under the Data Protection Acts, nor does it justify the data controller in refusing the request. No statutory exception exists for ongoing litigation, and the right of access to personal data is not conditional on motive or litigation status.

Citation
[2012] IEHC 339
Parties
Appellant: Bus Atha Cliath/Dublin Bus; Respondent: The Data Protection Commissioner
Jurisdiction
Ireland
Judgment Date
08 August 2012
Procedural Posture
Circuit Court Appeal / High Court Appeal on a Point of Law
Outcome
Appeal dismissed
Legal Topics
Access to Personal Data, Discovery, Separation of Powers, Statutory Appeals
Data Protection Civil Procedure Access to Personal Data Discovery Separation of Powers Statutory Appeals

Case Brief

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Parties

Bus Atha Cliath/Dublin Bus

Appellant

The Data Protection Commissioner

Respondent

Procedural Posture

Circuit Court Appeal / High Court Appeal on a Point of Law

Legal Issues

  1. 1 Whether the existence of legal proceedings between a data requester and a data controller precludes a data requester making an access request under the Data Protection Acts

Ratio Decidendi

The existence of legal proceedings between a data requester and a data controller does not preclude the data requester from making an access request under the Data Protection Acts, nor does it justify the data controller in refusing the request. No statutory exception exists for ongoing litigation, and the right of access to personal data is not conditional on motive or litigation status.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.